- (1.) THE appeal under section 110-D of the Motor Vehicles Act arises from the judgment of the Motor Claims Tribunal Nainital dated 31st July, 1979, rejecting the claim of the appellants for recovery of Rs. 1,00,000/-under section 110-A of the Motor Vehicles Act for the accident which resulted in the death of Bachchi Singh. THE appellants are the married daughters of the deceased.
(2.) THE claim made was on the basis that the deceased Bachchi Singh was travelling by Bus No. USR 2952 owned by the U. P. State Road Transport Corporation (hereinafter referred to as the Corporation) of Haldwani Depot driven by Kishan Singh from Satbunga to Kathgodam, when the same met with an accident by falling in the khad. On account of the accident, Bachchi Singh received serious injuries and when taken to the hospital, he succumbed to them. THE appellants asserted that the accident occurred due to the rash and negligent driving of the Bus by Kishan Singh. THErefore, the appellants were entitled to receive Rs. 1,00,000/- as compensation. The claim was contested by the Corporation as well as the Oriental Fire and General Insurance Company Limited. Kishan Singh, driver impleaded as defendant no. 2 in the claim petition, also filed a written statement. The version given in the written statements was that at about 3.50 p.m. when the vehicle reached at Lakhmikhan in between Ramgarh Talla and Mukteshwar 3 kms. away from Malla Ramgarh, it met with an accident and fell into the khad. Many passengers received injuries and in that accident Bachchi Singh was seriously injured. The defendants alleged that the accident did not take place due to the rash or careless driving. It occurred suddenly due to the cow appearing on the road and that despite his best efforts, the driver could not save it.
(3.) THE respondents also alleged that the appellants were the married daughters of the deceased Bachchi Singh and being not his legal representatives, were not entitled to get the compensation. On the pleadings, amongst others, the relevant two issues are as follows : 1. Whether the claimants are not entitled to make the claim for reason of their being married women ? 2. Whether the accident was the result of rash and negligent driving of Bus No. USR 2950 ?;